Download the Zoning or General Plan maps in a spatial data format for display using Google Earth or Geographic Information Systems (GIS).

Visit us at the Development Services Center on the first floor of City Hall or contact us at (408) 535-3555.

Note: If the zoning of the property is "A(PD)" (i.e., a Planned Development Zoning District), we recommend visiting or contacting the Planning Division to learn about permitted uses and any specific development standards that may be applicable to the property.

A single-family residence is allowed to be up to 30 feet in height in residential zoning districts without requiring a Single Family House Permit. Any proposed new single-family residence that is greater than 30 feet in height (not to exceed 35 feet) will require the submitting of a Single-Family House Permit application and will also require Building Permit.

Additions resulting in up to a 45% floor area ratio (FAR) is allowed by right, and only requires the obtainment of building permit. FAR is the amount of living space (not including the garage or basement) divided by the size of the lot. Floor area for the calculation of FAR is measured to the exterior wall surfaces and includes stairwells.

A Single Family House Permit is a development permit that may include various levels of approval involving either the Director of Planning or the Planning Commission, depending on the size and scope of work involved. The permit can be approved at an administrative level by the Director of Planning or go through a public hearing process. Additional information, including the criteria for public hearing, is identified in our Single-Family House Permit brochure.

If there is a park strip (landscaped strip), the front property line is generally located six (6) inches from the interior edge of the sidewalk. If there is no park strip, the front property line is generally located three (3) feet from the interior edge of the sidewalk.

For corner lots, the narrowest street frontage of the lot is the front property line, and the longest street frontage of the lot is the side property line, regardless of location of the entrance into the house or orientation of the house to either street. These definitions are found in Section 20.200.700 of the Zoning Ordinance. For reference, also see our lot lines diagram.

Secondary Units are generally allowed in R-1 Single-Family Residence Zoning Districts only, but may also be allowed in certain Planned Development Zoning Districts (i.e., those with R-1 Zoning District standards and allowed uses).

Secondary units are not allowed in R-2 Two-Family and R-M Multi-Family Zoning Districts.

Other applicable regulations are described in Section 20.30.200 of the Zoning Ordinance.

For single-family residential properties, fences are generally limited to three feet in height in the front yard and seven feet in height in the side and rear yards. However, corner lots, unusually shaped lots, and Planned Development (PD) zones have different requirements. For more information, please refer to the fence regulations diagram or contact the Planning Division at (408) 535-3555.

For multi-family residential or commercial/industrial properties, fences must not only comply with City regulations but are also subject to design review by the Planning Division as a part of a Development Permit or Permit Adjustment application. For more information, please contact the Planning Division at (408) 535-3555.

A building permit from the Building Division is generally not required for fences six feet or less in height. However, please note that different requirements apply to retaining walls and swimming pool/spa enclosures. For more information, please refer to the Building Division’s Informational Handout on fencing and Swimming Pools and Spas Enclosure Requirements, or contact the Building Division at (408) 535-3555.

A permit is required to remove any ordinance sized tree, which is a tree with a trunk circumference of 56 inches or greater measured at two feet above grade. For more information, please visit our Tree Removal page.

A "home occupation" is a business or commercial activity which is conducted from a single-family home, duplex, apartment, or mobilehome and is clearly incidental to the residential use of the dwelling. A Planning permit is not required for a home occupation. However, all home occupations must conform to criteria set forth in Part 9 of Chapter 20.80 of the San Jose Municipal Code.

Home Occupation Criteria

To ensure that residential neighborhoods are not adversely affected by home occupations, every home occupation must meet the following criteria:

Clients: Only two clients are permitted in the dwelling at one time.

Employees: Only occupants of the dwelling may be employees or unpaid volunteers of the home occupation.

Environment: Obnoxious odors, vibrations, glare, fumes, dust, electrical interference or noise shall not be detectable outside the dwelling or through the vertical or horizontal common walls of an attached dwelling.

Hours: Clients are permitted at the residence only between the hours of 9 a.m. and 9 p.m.

Vehicles: A maximum of one business vehicle with a manufacturer's gross vehicle weight of less than 10,000 pounds is permitted to be kept, garaged, or stored at the residence.

Signage: Signage must conform to the residential signage requirements set forth in the Municipal Code.

Location: Home occupations, including storage, are permitted in the dwelling unit. They are also permitted in an attached garage, provided that the required number of covered parking spaces is not displaced. In a detached garage or accessory building, only 100 square feet floor area may be devoted to a home occupation, and the required number of covered parking spaces may not be displaced. Home occupations, including storage, are not permitted in carports or the yard areas.

Manufacture: No manufacture or assembly, other than hand-crafted products, is permitted.

Sales: An order may be filled on the premises if it is placed earlier by a customer using telephone, mail order, or through attendance at a sales party. Although not part of a home occupation, twice-yearly special sales may be held at the residence for the purpose of selling hand-produced goods to invited guests. Such sales are allowed provided that (i) no more than two such sales are allowed in any calendar year; (ii) no such sale is conducted for more than four consecutive days; and (iii) such sales are conducted between the hours of 9 a.m. and 9 p.m.

Other Restrictions

Certain home businesses are not compatible with a residential neighborhood because of their potential for either hazard or nuisance. The following activities are prohibited as home occupations by the Municipal Code:

Animal breeding.

Appliance repair, other than the repair of small household appliances.

Massage parlors and the business of arranging massages at an off-site location.

Pest control.

Upholstery and furniture repair.

Food catering.

Vehicle-related uses such as, but not limited to, the cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease or rental, and towing of vehicles. The dispatching of vehicles such as limousines, taxicabs and ambulances is allowed as a home occupation.

Welding.

Any use which requires a Hazardous Materials Permit from the Fire Department.

Is Payment of the Business License Tax Required for a Home Occupation?

Yes, a signed and completed business tax registration form and tax payment are required by the City Treasury Division. The Treasury Division is located in the Development Services Center (first floor of City Hall), and can be reached at (408) 535-7055.

Planning permits are not required for rooftop solar panels installed on residential, commercial or industrial buildings. However, the PV system must meet the minimum development standards prescribed in Title 20 of the City's Municipal Code. Planning Division permits are required for PV system installed in locations other than a rooftop. See the Solar Photovoltaic Installation handout for additional information.

You may discuss your proposal with a Planner in the Permit Center, located on the first floor of the City Hall Tower. You may also call the Planning Division at (408) 535-3555 to discuss the project with a Planner by phone.

If the required conditions of an approved Development Permit are met, the Zoning Ordinance allows extension with approval of a Permit Adjustment Application, which is typically processed "over the counter".

Be advised that, given the recent economic downturn, the City Council has adopted several ordinances to allow certain additional Development Permit extensions.

San Jose City Hall is located at 200 East Santa Clara Street (see map link below). Please note that public parking is available in the City Hall underground parking garage accessible from the North Sixth Street, and that complimentary validation is routinely provided for our customers.

The City of San Joséis committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.